WILLIE LEE MILLER, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILLIE LEE MILLER, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-2871 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed September 10, 2009. Petition for Belated Appeal -- Original Jurisdiction. Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., and Nina Moody, Assistant Public Defenders, Tallahassee, for Petitioner. Bill McCollum, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition is granted and Willie Lee Miller is hereby afforded a belated appeal from judgment and sentence in case number 02-306CFA in the Circuit Court for Gadsden County. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, with directions that it be treated as a notice of appeal. Fla. R. App. P. 9.141(c)(5)(D). The circuit court is directed to appoint counsel to represent petitioner in the appeal, if he qualifies for such an appointment. PETITION GRANTED. BENTON, THOMAS, and CLARK, JJ., CONCUR. 2

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